80 Amendments of Michèle RIVASI related to 2011/0152(COD)
Amendment 37 #
Proposal for a directive
Recital 10
Recital 10
Amendment 40 #
Proposal for a directive
Recital 13
Recital 13
(13) Since this Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, that Directive therefore applies to the exposure of workers to electromagnetic fields, including regarding the effects of long-term exposure, without prejudice to more stringent and/or specific provisions contained in this Directive.
Amendment 41 #
Proposal for a directive
Recital 14
Recital 14
(14) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to empower it to make purely technical amendments of the Annexes to this Directive, in line with the adoption of directives in the field of technical harmonisation and standardisation and as a result of the technical progress, changes in the most relevant harmonised European standards or specifications and new scientific findings concerning electromagnetic fields, as well as to adjust the orientation and action values and the related lists of activities, workplaces and types of equipments. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 42 #
Proposal for a directive
Recital 16
Recital 16
(16) A system including exposure limit values, orientation values and action values, wherever applicable, should be seen as a means to facilitate the provision of a high level of protection against the established adverse health and safety effects that may result from exposure to electromagnetic fields. But such a system may conflict with specific conditions in certain activities, such as specific medical procedures using magnetic resonance techniques or military operations where interoperability is required and where internationally accepted standards providing an equivalent protection of workers subject to specific exposure situations are already in place. It is therefore necessary to take these particular conditions into account.
Amendment 43 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive, which is the 20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to electromagnetic fields (0 Hz to 300 GHz) during their work.
Amendment 45 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive does not address long- term effectsRegarding long-term effects, the obligations specified by the Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work shall apply.
Amendment 51 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 54 #
Proposal for a directive
Article 2 – paragraph 1 – point c2
Article 2 – paragraph 1 – point c2
Amendment 55 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 56 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘exposure limit values’: limits on exposure to electromagnetic fields which have been established on the basis of known health effects and biological considerations. Compliance with the exposure limits values for health effects will ensure that workers exposed to electromagnetic fields are protected against all known adverse health effects. Compliance with the exposure limits values for safety effects will ensure that workers exposed to electromagnetic fields are protected against all known adverse health and safety effect, in particular thermal effects and electrical stimulation of tissues;
Amendment 57 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘orientation value’ and ‘action value’: directly measurable frequency-dependent parameters of electromagnetic field exposure, the magnitude of which is established to ensure by simplified assessment the compliance with relevant exposure limit values or in terms of electric field strength (E), magnetic field strength (H), magnetic flux density (B) and power density (S), and at which one or more of the measures specified in this Directive must be taken,
Amendment 58 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 59 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 60 #
Proposal for a directive
Article 3 – title
Article 3 – title
Exposure limit values, orientation values and action values
Amendment 61 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. Exposure limit values as well as orientation and action values for both electric and magnetic fields in the frequency range from 0 to 100 kHzfor electromagnetic fields shall be as set out in Annex II.
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 63 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
2. Exposure limit values and aAction values for both electric and omagnetic fields in the frequency range from 100 kHz to 300 GHz shall be as set out in Annex III.
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By way of derogation, paragraphs 1 and 2 shall not apply to medical applications using the magnetic resonance effectWithout prejudice to paragraph 5, workers may not be exposed above the exposure limit values. For specific situations where the exposure of a worker may occasionally exceed the exposure limit values and where, in duly justified circumstances, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit values despite the technical and/or organization measures taken, Member States may put in place a system authorizing work under controlled conditions and on the following related activities: integral system testing before releasbasis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annex II. Such system must guarantee that the resulting risks are reduced to a minimum and that the fwor shipment, installation, cleaning, maintenance, research and development activitieskers concerned are subject to increased health surveillance. An authorization shall be withdrawn as soon as the justifying circumstances no longer obtain. Member States shall forward to the Commission a list of such authorizations in the report referred to in Article 17a of Directive 89/391/EEC indicating the exact reasons and circumstances which made them decide to grant them. In these particular cases, specific of medical applications using the magnetic resonance effect where the exposure of a worker may occasionally exceed the exposure limit values, additional protection measures shall be put in place. For this purpose the Commission shall consult the existing working groups and proceed according to the measures set out in Annex IV.
Amendment 72 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 75 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure and/or calculate the levels of electromagnetic fields to which workers are exposed. Assessment, measurement and calculation may be carried out using the guidance provided in Annexes II and III. For specific cases not referred to in these Annexes, the employer may use harmonised European standards established by CENELEC for relevant assessment, measurement and calculation situations. The employer shall also be entitled to use other scientifically based standards or guidelines if required by the Member State concerned. When relevant, the employer shall also take into accThe employer shall be in possession of an assessment of the risks in accordance with the Directive 89/391/EEC and shall identify which measures must be taken in accordance with this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice. It may include a justification by the employer that the nature and the extent of the risks related to electromagnetic fields make a further detailed risk assessment unnecessary. The risk assessment shall be updated on a regular basis, particularly if there have been significant changes which could render it ount the emission levels and other safety- related data provided by the manufacturers of equipment in accordance with relevant Union legislationof date, or when the results of health surveillance show this to be necessary.
Amendment 77 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. Except in cases of justified reasons related to data protection, this assessment shall be made public on request.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 79 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 80 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 81 #
Proposal for a directive
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the frequency spectrumcomposition and the level, duration and type of exposure;
Amendment 82 #
Proposal for a directive
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
Amendment 83 #
Proposal for a directive
Article 4 – paragraph 5 – point b a (new)
Article 4 – paragraph 5 – point b a (new)
(b a) any direct physical effects, in particular: effect on the human body directly provoked by the presence in electromagnetic field, for example tissue heating, the stimulation of muscles, nerves or sensory organs, vertigo or phosfenes.
Amendment 84 #
Proposal for a directive
Article 4 – paragraph 5 – point b b (new)
Article 4 – paragraph 5 – point b b (new)
(b b) any adverse health effects, in particular: biological effects that have a detrimental effect on mental, physical and/or general well-being of exposed workers;
Amendment 85 #
Proposal for a directive
Article 4 – paragraph 5 – point b c (new)
Article 4 – paragraph 5 – point b c (new)
(b c) any adverse safety effects, in particular: effects creating temporary annoyance or affecting cognition or other brain or muscle functions and may thereby affect the ability of a worker to work safely;
Amendment 86 #
Proposal for a directive
Article 4 – paragraph 5 – point b d (new)
Article 4 – paragraph 5 – point b d (new)
(b d) the exposure limit values and action values referred to in Article 3 and Annex II of this Directive;
Amendment 87 #
Proposal for a directive
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) any effects concerning the health and safety of workers at particular risk such as workers who have declared to the employer that they wear an Act, in particular workers who wear an active or passive Iimplanted Mmedical Ddevice and women who have declared that they(such as cardiac peacemakers), workers who wear body worn medical devices (such as insulin pumps), workers with poor immune systems (such as persons with cancer) and women who are pregnant;
Amendment 88 #
Proposal for a directive
Article 4 – paragraph 5 – point d – introductory part
Article 4 – paragraph 5 – point d – introductory part
(d) any indirect effects on an object, due to the presence in electromagnetic field, which may become the cause of a safety or health hazard, such as:
Amendment 89 #
Proposal for a directive
Article 4 – paragraph 5 – point d – point i
Article 4 – paragraph 5 – point d – point i
(i) interference with medical electronic equipment and devices (including cardiac pacemakers and other implanted or body worn devices as referred to in point (c));
Amendment 90 #
Proposal for a directive
Article 4 – paragraph 5 – point d – point ii
Article 4 – paragraph 5 – point d – point ii
(ii) the projectile risk from ferromagnetic objects in static magnetic fields with a magnetic flux density greater than 30 mT;
Amendment 91 #
Proposal for a directive
Article 4 – paragraph 5 – point d – point iv a (new)
Article 4 – paragraph 5 – point d – point iv a (new)
(iv a) contact or limb currents;
Amendment 93 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 a (new)
Article 5 – paragraph 1 – subparagraph 2 a (new)
Workers shall not be exposed above the exposure limit values unless the conditions under Article 4(3) are fulfilled. If, despite the measures taken by the employer to comply with this Directive, the exposure limit values are exceeded, the employer shall take immediate action to reduce exposure below these exposure limit values. The employer shall identify the reasons why the exposure limit values have been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent them being exceeded again.
Amendment 95 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. On the basis of the risk assessment referred to in Article 4, once theany action values referred to in Article 3 and Annexes II and I II are exceeded, the employer, unless the assessment carried out in accordance with Article 4(2) demonstrates that the exposure limit values are not exceeded and that safety risks can be excluded, shall devise and implement an action plan comprising technical and/or organisational measures to prevent exposure exceeding the exposure limit values, taking into account in particular:
Amendment 97 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(c a) measures and procedures to manage spark discharges through technical means and the training of workers. (applies in electric field exposures);
Amendment 98 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. On the basis of the risk assessment referred to in Article 45, workplaces where workers couldare likely to be exposed to electromagnetic fields exceeding the orientation or action values shall be indicated by appropriate signs in accordance with Annexes II and III and with Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) 10 . The areas in question shall be identified and access to them limited as appropriate. Where access to these areas is suitably restricted for other reasons and workers informed on the electromagnetic risks then signs and access restrictions specific to electromagnetic fields are not required.
Amendment 99 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 106 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
With the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields, appropriate health surveillance shall be carried out in accordance with Article 14 of Directive 89/391/EEC. Those provisions, including the requirements specified for health records and their availability, shall be introduced with national law and/or practice.
Amendment 107 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – point a (new)
Article 8 – paragraph 1 – subparagraph 1 – point a (new)
(a) Monitoring of long-term effects A committee of independent experts is settled in order to review the scientific knowledge on the long-term effects of electromagnetic exposure, and in accordance with Article 17 of Directive 89/391, the Commission shall propose a revision of the present Directive to take into account these probable effects.
Amendment 108 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 110 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Amendment 114 #
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) take into account the technical progress, changes in the most relevant harmonised European standards or specifications, and new scientific findings concerning electromagnetic fields;
Amendment 115 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) make adjustments to the orientation and action values provided that compliance with the existing exposure limit values is maintained, and of the related lists of activities, workplaces and types of equipments mentioned in Annexes II and I II.
Amendment 116 #
Proposal for a directive
Annex 1 – paragraph 1
Annex 1 – paragraph 1
Contact current (IC) between a person and an object is expressed in amperes (A). A steady state contact current occurs when a person is in contact with a conductive object in an electromagnetic field. In the process of making such a contact, a spark discharge may occur with associated transient currents.
Amendment 117 #
Proposal for a directive
Annex 1 – paragraph 8
Annex 1 – paragraph 8
Of these quantities, magnetic flux density (B), contact current (IL), electric and magnetic field strengths (E) and power density (S) can be measured directly.
Amendment 118 #
Proposal for a directive
Annex 2 – heading
Annex 2 – heading
Exposure to electromagnetic fields in the frequency range from 0 Hz to 100 kHzlimit values and action values
Amendment 119 #
Proposal for a directive
Annex 2 – part A – heading
Annex 2 – part A – heading
A. EXPOSURE LIMITATION SYSTEM VALUES
Amendment 120 #
Proposal for a directive
Annex 2 – part A – paragraph 1
Annex 2 – part A – paragraph 1
Amendment 121 #
Proposal for a directive
Annex 2 – part A – paragraph 1 – subparagraph 1 (new)
Annex 2 – part A – paragraph 1 – subparagraph 1 (new)
Depending on the frequency and distribution of the electromagnetic fields to which the worker is exposed, the following physical quantities and values are used to specify the exposure limit values:
Amendment 122 #
Proposal for a directive
Annex 2 – part A – paragraph 1 – subparagraph 2 (new)
Annex 2 – part A – paragraph 1 – subparagraph 2 (new)
Amendment 123 #
Proposal for a directive
Annex 2 – part B - Heading
Annex 2 – part B - Heading
B. EXPOSURE LEVELS AND EXPOSURE LIMITACTION VALUES
Amendment 124 #
Proposal for a directive
Annex 2 – part B – paragraph 1 – introductory part
Annex 2 – part B – paragraph 1 – introductory part
Amendment 125 #
Proposal for a directive
Annex 2 – part B – paragraph 1 – indent 1
Annex 2 – part B – paragraph 1 – indent 1
Amendment 126 #
Proposal for a directive
Annex 2 – part B – paragraph 1 – indent 2
Annex 2 – part B – paragraph 1 – indent 2
Amendment 127 #
Proposal for a directive
Annex 2 – part B – paragraph 1 – indent 3
Annex 2 – part B – paragraph 1 – indent 3
Amendment 128 #
Proposal for a directive
Annex 2 – part B – paragraph 2
Annex 2 – part B – paragraph 2
Amendment 129 #
Proposal for a directive
Annex 2 – part B – paragraph 3
Annex 2 – part B – paragraph 3
Amendment 130 #
Proposal for a directive
Annex 2 – part B – paragraph 4
Annex 2 – part B – paragraph 4
Amendment 131 #
Proposal for a directive
Annex 2 – part B – Table 2.1
Annex 2 – part B – Table 2.1
Amendment 132 #
Proposal for a directive
Annex 2 – part B – paragraph 5
Annex 2 – part B – paragraph 5
Amendment 133 #
Proposal for a directive
Annex 2 – part B – paragraph 6
Annex 2 – part B – paragraph 6
Amendment 134 #
Proposal for a directive
Annex 2 – part B – paragraph 7
Annex 2 – part B – paragraph 7
Amendment 135 #
Proposal for a directive
Annex 2 – part B – paragraph 8
Annex 2 – part B – paragraph 8
Amendment 136 #
Proposal for a directive
Annex 2 – part B – Table 2.2
Annex 2 – part B – Table 2.2
Frequency Orientation Action valueHead exposure Whole body valu exposure (Hz) (V/m) (V/m) 25 – 90 500 x 103/f 3 20 x 103 1 – 25 90 – 3000 2500 x 103/f 21800 x 103/f 25 – 90 500 x 103/f3000 - 105 170 600 20 x 105 – 1036 3600 90 – 3000 500 x 10 /f 1800 x 103/f 3000 - 100000106 – 107 600 106/f 107 - 4 108 60 4 108 - 2 109 3 x 10-3 x f0.5 2 109 - 1010 137 1010 - 3 1011 170 600 137
Amendment 137 #
Proposal for a directive
Annex 2 – part B – subheading 3
Annex 2 – part B – subheading 3
Amendment 138 #
Proposal for a directive
Annex 2 – part B – Table 2.3
Annex 2 – part B – Table 2.3
Frequency Orientation Action valueHead exposure Whole body valu exposure (Hz) (µT) (µT) 0 2 x 106 8 x 106 >0 – 1 (2-1.8 f) x 106 (5.67 – 5f) x 106 1–8 2 105/f2 0.666 x 106/f 8 – 25 25000/f 0.666 x 106/f 25 – 300 1000 0.666 x 106/f 300 - 3000 3 x 105/f 0.666 x 106/f 3000 - 9000 100 222 9000 - 20000 100 2 x 106 / f 20000 – 100000 2 x 106 / f 2 x 106 / f 105 - 107 --- 2 106 / f 107 - 4 108 --- 0.2 4 108 - 2 x 2 109 --- 10-5x f0.5 2 109 - 1010 --- 0.45 1010 - 3 1010 --- 0.45
Amendment 139 #
Proposal for a directive
Annex 2 – part B – paragraph 10
Annex 2 – part B – paragraph 10
Note 1: Values for 0 Hz in this tablf is the afre exposure limit values.quency expressed in Hertz (Hz) Note 2: Above 8 T Article 3(6) shall apply.
Amendment 140 #
Proposal for a directive
Annex 2 – part B – paragraph 11
Annex 2 – part B – paragraph 11
Note 23: The action value for whole body exposure above 9 kHz and the orientaction value for head exposure above 20 kHz result from the exposure limit values for whole- body average SAR as defined in Annex III.
Amendment 141 #
Proposal for a directive
Annex 2 – part C
Annex 2 – part C
Amendment 142 #
Proposal for a directive
Annex 2 – part D
Annex 2 – part D
Amendment 143 #
Proposal for a directive
Annex 2 – part E
Annex 2 – part E
Amendment 144 #
Proposal for a directive
Annex 3
Annex 3
deleted Or. en(deleting the entire Annex 3)